Agreement means what it says, COA rules
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
Indiana Court of Appeals
Articles
Molestation charge dropped against committed incompetent defendant
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
Toyota dealership relocation to Fishers divides appeals court
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
Divided COA panel reverses modification of support
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
Indianapolis panel overreached in adopting Millersville Plan
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
Class-action members did not show illnesses were caused by same meals
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
Trial court erred in denying dad custody vs. contemptuous mom
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
Friedlander reflects on half-century in law as retirement nears
Although he’s set to retire later this month, COA Judge Ezra “Zeke” Friedlander will continue to serve as a senior judge. Marion Superior Judge Robert Altice will be taking his place.
Letter to victim’s mother supports lesser misdemeanor charge
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
Pawnshop owner not victim of prosecutorial misconduct
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
Guilty plea stands despite ineligibility for habitual charge
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
Reversal: VORP cannot be ordered in sentence
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
Failure to read contract no protection against liability
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
Wiretap and defamation claims against South Bend councilman allowed to move forward
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
Reversal: Insurer’s acceptance of payment reinstated policy
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
Uncertain of meth’s status, COA tosses syringe conviction
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
Judge’s description not impermissible judicial testimony
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
Victim’s statements were dying declaration, COA rules
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.